RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 521, 526, 527,
601a, 609a AND 611a]
General Table Games Provisions; Credit; Table Game Minimum Training Standards
[42 Pa.B. 2629]
[Saturday, May 12, 2012]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 13A02, 13A27, 1701 and 1702, rescinds Chapters 521, 526 and 527 and adds Chapters 601a, 609a and 611a (relating to general table games provisions; credit; and table game minimum training standards) to read as set forth in Annex A.
Purpose of the Final-Form Rulemaking
Under 4 Pa.C.S. § 13A03 (relating to temporary table game regulations), the Board initially adopted temporary regulations in Chapters 521, 526 and 527. With this rulemaking, the Board is replacing the temporary regulations in Chapter 521 with the permanent regulations in Chapter 601a, temporary regulations in Chapter 526 with the permanent regulations in Chapter 609a and the temporary regulations in Chapter 527 with the permanent regulations in Chapter 611a.
Explanation of Chapter 601a
Chapter 601a covers a broad range of requirements. Section 601a.1 (relating to definitions) contains definitions of terms that are used throughout Subpart K (relating to table games).
Section 601a.2 (relating to table games Rules Submissions) requires certificate holders to submit for approval a Rules Submission for every game they offer when the Board's regulations allow the certificate holders to select different options for the play of a game. In drafting the regulations for specific table games, the Board attempted to give certificate holders flexibility so they can tailor their games to meet their patrons' desires. However, to monitor and enforce the rules regarding the play of table games effectively, the Board will need to know which features or options will be used for each game at each licensed facility. The use of the Rules Submission process, which is modeled on the process for the review of internal controls, will provide an effective mechanism to accomplish this. Operators submit these forms electronically through a link on the Board's web site.
Section 601a.3 (relating to request to offer a new table game or new feature for an existing table game) gives certificate holders a mechanism through which they can request to offer a new table game or add a new wager or feature to an existing game. The Board recognizes that as more jurisdictions permit table games, certificate holders may need to add new games or modify existing games to maintain player interest and meet market demands. Under this section, certificate holders will be able to file a written request with the Board's Executive Director requesting to add new games or modify existing games.
Similarly, § 601a.4 (relating to waiver of existing table game regulations) allows certificate holders to file a petition to seek a waiver of the Board's table game regulations or a written request with the Board's Executive Director to offer an authorized table game on an electronic gaming table in a manner that is inconsistent with the Board's regulations. The provision on electronic gaming tables was added to address inconsistencies discovered between the Board's regulations and the play on electronic gaming tables, such as whether cards in Blackjack are dealt from left to right in live play or simultaneously in the electronic version. These inconsistencies, which do not affect the outcome of play, are more logically rectified by submission of a written request to the Board's Executive Director rather than a petition to the Board.
Section 601a.5 (relating to electronic, electrical and mechanical devices prohibited) prohibits the use of equipment for cheating. Section 601a.6 (relating to minimum and maximum wagers; additional wagering requirements; payout odds) establishes the requirements for setting minimum and maximum wagers. Section 601a.7 (relating to rules of the games; notice) sets forth the notice requirements for table rules and establishes a 30-minute notice requirement to patrons prior to changing the minimum permissible wagers at a gaming table. The 30-minute notice is required under 4 Pa.C.S. § 13A02(3) (relating to regulatory authority).
Section 601a.8 (relating to patron access to the rules of the games; gaming guides) requires certificate holders to make the rules of each table game offered available to the public and to develop a gaming guide which summarizes the rules.
Section 601a.9 (relating to table game taxes and gross table game revenue) echoes the requirement in the act of January 7, 2010 (P. L. 1, No. 1) (Act 1) which requires certificate holders to pay the tax on table game revenue to the Department of Revenue (Department) on a weekly basis on forms prescribed by the Department. In addition, it sets forth the procedures for calculating gross table game revenue for the following: banking table games including electronic gaming tables which are not fully automated electronic table games; nonbanking table games; fully automated electronic table games; and contests or tournaments. It also reiterates the items in Act 1 that a certificate holder may deduct from the calculation of gross table game revenue.
Explanation of Chapter 609a
Section 609a.1 (relating to definitions) contains definitions for terms that are used in this chapter.
Section 609a.2 (relating to internal control requirements) requires certificate holders that elect to offer credit to patrons to include the procedures that the certificate holders will use as part of their internal controls submissions to the Board. This will allow Board staff to review the procedures to verify that they comply with this chapter.
Section 609a.3 (relating to application and verification procedures for granting credit) contains the information that must be included in an application for credit filed by a patron and the procedures that the certificate holder shall follow to verify the information submitted by the patron including insuring that the patron is not on the voluntary credit suspension list, the self-exclusion list or the list of persons required to be excluded.
Section 609a.4 (relating to approval of credit limits) sets forth the requirements regarding the approval of credit including who is authorized to approve credit, what information must be included in the patron's credit file regarding the approval and the procedures to be followed when patrons request an increase in their credit limits.
Section 609a.5 (relating to derogatory information; reduction or suspension of credit) permits a certificate holder to reduce or suspend a patron's credit limit at any time. It also addresses a certificate holder's obligations concerning the receipt and reporting of derogatory information, requires the suspension of credit if a patron's check is returned and the procedures that shall be followed before a patron's credit may be reinstated.
Section 609a.6 (relating to additional reverification requirements) requires a certificate holder to verify a patron's credit information if the patron has not used credit within the last 24 months or when the certificate holder has reason to believe that some of the patron's information may have changed.
Section 609a.7 (relating to patron credit transactions) requires that credit transactions be recorded in the patron's credit file and lists the specific information regarding each transaction that must be included.
Section 609a.8 (relating to recordkeeping requirements) sets forth the recordkeeping requirements certificate holders will have to meet regarding Counter Checks and personal checks received for redemption or substitution for Counter Checks. Certificate holders are required to keep a log of Counter Checks and related personal checks to track the issuance, redemption, consolidation and substitution of Counter Checks.
Section 609a.9 (relating to voluntary credit suspension list) states that the Board will maintain and distribute to certificate holders a voluntary credit suspension list. This list is required under Act 1 and will contain the names and other relevant identifying information regarding individuals who have elected to be put on the list which will prohibit a certificate holder from extending credit to the individual.
Section 609a.10 (relating to request for voluntary credit suspension) sets forth the procedure an individual shall follow to be placed on the voluntary credit suspension list. To be put on the list, an individual will be required to fill out an application form (Request for Voluntary Credit Suspension) and present government-issued photo identification at a Board office.
Section 609a.11 (relating to reinstatement of credit and removal from the voluntary credit suspension list) sets forth the procedure an individual shall follow to be removed from the voluntary credit suspension list. To be removed from the list, an individual will be required to fill out a form requesting removal (Request for Removal from the Voluntary Credit Suspension List) and present government-issued photo identification. A request for removal from the list shall be submitted at one of the Board's offices.
Section 609a.12 (relating to duties of certificate holders) lists the obligations of certificate holders regarding the voluntary credit suspension list. Certificate holders will be required to do the following: maintain a current copy of the list; suspend the credit of an individual who is placed on the list; record the placement on or removal from the voluntary credit suspension list in a patron's credit file; and disseminate information about the voluntary credit suspension list program to patrons.
Section 609a.13 (relating to requirements for Counter Checks) establishes the specifications for Counter Checks, which are the forms that are used to effectuate the issuance of credit. Section 609a.14 (relating to issuance and reconciliation of Counter Checks) sets forth the procedures certificate holders shall follow when issuing a Counter Check to a table game or slot patron.
Section 609a.15 (relating to redemption of Counter Checks) specifies the processes that can be used to redeem or partially redeem an outstanding Counter Check either in person or through the mail and requires that the redemption or partial redemption be recorded in the patron's credit file.
Section 609a.16 (relating to substitution and consolidation of Counter Checks) sets forth the provisions governing the substitution of a personal check for a Counter Check and the consolidation of multiple Counter Checks into one Counter Check. Section 609a.17 (relating to deposit of Counter Checks and personal checks substituted for Counter Checks) establishes the time frames within which an unredeemed Counter Check or personal check that has been substituted for a Counter Check shall be deposited.
Section 609a.18 (relating to collection of returned checks) sets forth the procedures applicable for collection on a Counter Check or personal check that has been returned by the patron's bank.
Explanation of Chapter 611a
Chapter 611a sets forth the general minimum training or experience requirements that an individual shall meet to be a dealer or table games supervisor in this Commonwealth. Dealers will have to be trained in the table games they deal either at a gaming school or a licensed facility or have at least 6 months previous dealing experience in another jurisdiction. Supervisors shall have at least 2 years of employment as a dealer or table games supervisor (which currently would be out-of-State dealers or supervisors since table games have not been operational for 2 years in this Commonwealth) or 6 months of employment as a dealer within the same licensed facility where the dealer is applying to be a table games supervisor.
Section 611a.2 (relating to minimum proficiency requirements) lists the minimum hours of instruction required for different table games which must be included in the dealer school or certificate holder training programs. It also contains a requirement related to additional training on different game types and training on the proper use and control of dice, cards and tiles.
Section 611a.3 (relating to employee training by certificate holders) lists the areas that each certificate holder shall include as part of its in-house training of employees who are going to be dealers, including a requirement that dealers be trained in CPR, which is consistent with 4 Pa.C.S. § 1702(g) (relating to gaming school gaming equipment). In § 611a.4 (relating to submission of training programs to the Board), certificate holders are required to submit training programs to the Board.
Under § 611a.5 (relating to table test; employee personnel file), certificate holders will be required to have prospective dealers pass a live table test before the dealers will be permitted to conduct table games on the gaming floor. Additionally, this section requires the certificate holder to document a dealer's training in the dealer's personnel file so that the Board may audit compliance with these requirements.
Comment and Response Summary
Notice of proposed rulemaking was published at 41 Pa.B. 1769 (April 2, 2011). During the comment period, the Board received comments from Washington Trotting Association (Meadows), Chester Downs and Marina (Harrah's), Greenwood Gaming and Entertainment (Parx) and Downs Racing (Mohegan). On June 1, 2011, the Board received comments from the Independent Regulatory Review Commission (IRRC) on the proposed rulemaking.
Chapter 601a
In § 601a.3, IRRC requested additional information on what happens to a request to offer a new game or feature after it is submitted to the Executive Director. IRRC suggested that the final-form rulemaking contain procedures and criteria that will be used to evaluate the request or a cross reference to where the procedures may be found.
Subsection (b) is added specifying that in addition to filing a request with the Executive Director, the table game device manufacturer, gaming related gaming service provider or certificate holder shall submit the new table game or feature to the Bureau of Gaming Laboratory Operations for its review in accordance with § 461a.4 (relating to submission for testing and approval). Section 461a.4 details what a manufacturer, gaming related gaming service provider or certificate holder shall submit for testing, how the product will be tested and the approval process.
In § 601a.4, IRRC requested information to explain why the regulations require that a certificate holder that desires to conduct a table game in a manner inconsistent with the regulations to file a petition but then allows for Executive Director approval if the game is played on an electronic gaming table.
As previously described, the provision on electronic gaming tables in subsection (b) is added to address minor inconsistencies discovered between the Board's regulations and the play on electronic gaming tables, such as whether cards in Blackjack are dealt from left to right in live play or simultaneously in the electronic version or allowance for the first card in Blackjack to be initially dealt face down to the dealer instead of face up. These inconsistencies between live play and automated play do not affect the outcome of the game and are more logically rectified by submission of a written request to the Board's Executive Director rather than a petition to the Board.
The Board added clarifying language in subsection (b) stating that the certificate holder can file a request with the Executive Director when the inconsistency on an electronic gaming table does not affect the outcome of play.
If a certificate holder filed a request with the Executive Director to make changes that would affect the outcome of the game on an electronic gaming table, such as utilizing unapproved payout odds or not allowing a patron to surrender in Blackjack, for instance, those requests would require a petition to the Board.
Section 601a.5 prohibits persons from using electronic or mechanical devices to assist in projecting an outcome of a table game except as permitted by the Board. IRRC questioned under what circumstances the Board will allow the use of these devices and whether the use of these devices would compromise the integrity of the game.
For clarity, the Board deleted the introductory clause and rephrased the prohibition so that patrons or other persons acting in concert with a patron may not possess devices that assist in projecting the outcome of a game.
Parx requested to add the phrase ''pay or take to the table max'' in § 601a.6 so patrons can play to the table maximum or in an amount placed in the betting area, regardless of the table maximum. IRRC suggested that the Board add the proposed language.
Patrons may currently play more than the table maximum amount in accordance with subsection (c). Allowing patrons to play more than the table max but only paying winning wagers or collecting losing wagers based on the table maximum is inconsistent with the statutory requirements. Section 1518(a)(15) of 4 Pa.C.S. (relating to prohibited acts; penalties) requires that wagers made by a player and not rejected by the certificate holder prior to commencement of play shall be treated as valid wagers and a wager accepted by the dealer shall be paid or lost in its entirety in accordance with the rules of the game, notwithstanding that the wager exceeded the current table maximum wager.
In § 601a.7, Parx commented that although there is a patron protection issue with raising the permissible minimum wager at a table, the same issue is not present if an operator desired to lower the table minimums. IRRC requested that the Board explain why the 30-minute notice was necessary when lowering permissible wagers.
The Board agrees with Parx and added language in subsection (c) allowing an operator to increase or decrease the permissible maximum wager and decrease the permissible minimum wager at any time. Only increases to permissible minimum wagers will require a 30-minute notice.
In subsection (d), which requires that certificate holders submit signage for approval, IRRC requested that approval procedures be added to the final-form rulemaking. IRRC raised a similar concern with § 601a.8 for gaming guides. Section 601a.10 (relating to approval of table game layouts, signage and equipment) was added which details how schematics of signage and gaming guides are submitted electronically to the Bureau of Gaming Operations for Executive Director approval. This submission process for signage and gaming guides, which is detailed in § 601a.10, reflects current agency practice.
In § 601a.9, IRRC inquired whether the Board had consulted with the Department in drafting the regulations addressing the method of calculation for gross table game revenue as required under 4 Pa.C.S. Part II (relating to gaming) and whether the regulations are consistent with the Department's gaming cash flow regulations.
Prior to the commencement of table game operations in July 2010, the Board worked with the Department on drafting the regulation to ensure that revenue was accurately accounted for and was consistent with the Department's reporting requirements. Prior to drafting the final-form rulemaking, Board staff again consulted with the Department to ensure that substantive revisions were not needed. In consultation with the Department, subsection (e), which addresses revenue on fully automated electronic gaming tables, was simplified for consistency with the existing regulations addressing revenue calculation on slot machines which are also connected to the Department's central control computer system. For consistency with the statutory language, minor revisions were also made to change electronic table games to electronic gaming tables. The cross reference to proposed Chapter 607a was also deleted since the Board has integrated table game internal controls into existing Chapter 465a (relating to accounting and internal controls).
Section 601a.10 was added to detail the procedure for submission of table game staffing plans, tournament schedules, dealer training programs and schematics of gaming guides, table layouts, signage and equipment. This information is submitted through the Internal Control & Table Game Submission Form which is available on the Board's web site at www.pgcb.pa.gov. Each facility was previously provided a user name and password unique to that property and has been submitting the required information through use of the online form. Once received, the submissions are reviewed by the Bureau of Gaming Operations and approved by the Board's Executive Director. The approval letters are then sent to the facility. Typically, the approval of tournament schedules and the schematics on signage, layouts, equipment and gaming guides occurs within a week to 10 days of submission by the certificate holder unless there is an issue with the submission.
In addition to the submission and approval process, this section also contains the approval process for equipment storage and destruction areas in the licensed facility. The Director of Casino Compliance, prior to the commencement of table game operations in 2010, inspected equipment storage and destruction areas and reviewed the locations and physical characteristics to ensure that they complied with the surveillance, key control and other requirements in Chapter 465a. If an operator requests to utilize a different area for the storage or destruction of table game equipment, other than those areas already approved, the operator would need to get onsite approval from the Director of Casino Compliance prior to utilizing the alternative location.
This section also allows for the onsite approval from the casino compliance supervisor in the licensed facility for the following: alternative locations for table game equipment that is required to be on the gaming table; amendments to the licensee's plan for the distribution and collection of slot cash storage boxes and table game drop boxes; sample sets of gaming chips; and daily collection times for used cards, dice, tiles and other table game equipment.
Chapter 609a
In § 609a.1, Harrah's and Parx requested that the definition of ''credit clerk'' be amended to allow a credit supervisor to also act as a credit clerk. The Board agrees, in part, with the request. Parx specifically requested that the credit supervisor who is also acting as the credit clerk have the authority to grant credit and credit limit increases but only on those files that the credit supervisor did not process and verify. Harrah's wanted the credit supervisor to be able to approve credit limits on all files, even those that the credit supervisor verified.
This is a segregation of duties issue. The person processing and verifying the information in a credit file cannot be the person who is also tasked with approving the information. Parx' request ensures that the same employee who is verifying a patron's credit information is not the same employee who approves the credit limits. The Board added language to the definition allowing a credit supervisor to act as a credit clerk provided that the credit supervisor may not then grant credit or a credit limit increase on an application that the credit supervisor processed or verified.
IRRC requested that the terms ''casino credit bureau,'' ''consumer credit bureau'' and ''bank verification service'' be defined. Although these terms are commonly used throughout the gaming industry, the Board has added definitions.
In § 609a.3, Harrah's states that the date the patron's bank account was opened should not be required but rather credit clerks should verify that the patron has had a financial relationship with a banking institution for more than 1 year. IRRC suggested that the Board consider adding Harrah's language.
Board staff recently audited several credit files. The reports submitted from the bank verification service, which operators are required to use, lists an open date. The Board, however, did amend the requirement to list the year that the account was opened instead of requiring the specific date.
Harrah's also requested that if verification is done telephonically, that the credit clerk no longer be required to request written documentation. Harrah's would like language added to the section stating that a request in writing would not be necessary if the credit clerk spoke with a live person and recorded the name, title, date and time of the conversation in the credit file. IRRC asked if less documentation would sufficiently protect the public interest.
The Board believes that each patron's credit file must contain written documentation necessary to support the credit limit established by the certificate holder. Credit and bank account information obtained from a bank verification service, consumer credit bureau or casino credit bureau is provided electronically and in writing. Written documentation is a verifiable record and is necessary for audit purposes.
In § 609a.4, Mohegan (commenting on the temporary regulation) and Parx stated that the regulations do not discuss or describe the requirements of temporary credit limit increases or ''TTO,'' which is allowed in New Jersey. TTO would permit a certificate holder to increase a patron's credit limit once every 30 days for an amount up to an additional 25% of the patron's approved credit line without reverifying a patron's credit information. Parx requested that the Board adopt the New Jersey model. IRRC stated that the Board should review New Jersey's regulations and consider whether the provisions would be appropriate.
When the temporary regulations on credit were adopted in 2010, the Board considered TTO without reverification as permitted in New Jersey. Section 13A27 of 4 Pa.C.S. (relating to other financial transactions) mandates that a certificate holder reverify a patron's credit information prior to approving increase to an individual's credit limit. TTO, although temporary, is an increase to an individual's credit limit and therefore requires, by statute, reverification of a patron's credit information. The temporary, proposed and final-form regulations reflect the statutory requirements. The Board, however, did limit what information must be reverified in subsection (c)(2) if a certificate holder is increasing a patron's credit limit.
Section 609a.4(a)(1) lists the employees who are authorized to approve credit limits. Meadows believes that the list is too restrictive and requested that additional employees be allowed to authorize credit including the directors of slot operations and table games as well as assistant general managers. IRRC asked the Board to either expand the list or explain why the listed persons were appropriate.
Section 13A27(d) of 4 Pa.C.S. is very specific on which employees of the certificate holder are allowed to grant credit. The language in the regulation reflects the statutory requirements. Additionally, the directors of slot operations and table games, as well as assistant general managers, do not typically report to the finance department which is tasked with safeguarding the assets of the certificate holder and evidences of indebtedness, including credit.
In subsection (b)(4), Mohegan requested that operators be permitted to utilize e-mail as a second authorization of credit limits. The Board agrees and added electronic authorization provided that the copy of the electronic authorization (e-mail) is placed in the patron's credit file.
Additionally, subsection (b)(4) allowed one of the two employees required to approve credit limits to do so verbally provided that the approver sign the patron's credit file upon arrival at the licensed facility. Harrah's requested that both required employees be allowed to verbally approve credit limits. The Board does not believe that verbal authorization from both employees provides adequate safeguards so that at least one of the two signers has independently examined the information that will be used to justify the granting of credit prior to issuance.
In subsection (c)(2), Harrah's commented that when a patron requests to increase a credit limit, reverification of the address and bank account information is unnecessary. The Board agrees that in instances of credit limit increases, the patron's consumer credit and casino credit, which are required under § 609a.3(2) and (3), will be required to be reverified.
Section 609a.5 required certificate holders to suspend credit privileges if a patron's check was returned unpaid unless the returned check was due to a bank error. Mohegan requested that the Board also accept casino errors that result in a returned check. IRRC recommended amending the regulation to reflect Mohegan's request.
The Board agrees and added in subsection (d) that if the returned check was due to a processing error, such as incorrectly inputting a patron's bank routing and transit number on the bottom of the Counter Check, and an explanation for the error is noted in the patron's credit file, the patron's credit privileges do not need to be suspended.
Section 609a.5(c) requires a certificate holder to reverify a patron's credit information if derogatory information is received from a casino credit bureau. Additionally, if a patron's credit privileges were suspended, a certificate holder is required, under subsection (e), to reverify a patron's credit information before reinstating a credit limit. Harrah's believes that because the certificate holder is required to run a patron's credit information if derogatory information is received, there is not a need to require the patron's credit information to be reverified before reinstating the patron's credit privileges.
The Board disagrees. Depending on the nature of the derogatory information received under subsection (b) and the information certificate holders are required to reverify from a casino and consumer credit bureau regarding a patron's current indebtedness, a certificate holder may or may not suspend a patron's credit privileges. If a certificate holder decides to suspend a patron's credit privileges based on the derogatory information received, the certificate holder shall verify a patron's creditworthiness before reinstating credit privileges. The Board did, however, limit in subsection (c) what information must be reverified if derogatory information is received to only the patron's casino and consumer credit information.
Section 609a.14 addresses, among other things, the requirements for Counter Checks exchanged by a slot player at the cage. Mohegan commented that subsection (c)(1)(ii) requires that the cage cashier and the cage supervisor verify the identity of the patron. Mohegan and IRRC suggest that the cage cashier or above be allowed to verify the patron's identity rather than requiring the cage supervisor's involvement.
The introductory language in subsection (c)(1) states that the cage cashier verifies the patron's identity by either obtaining the slot patron's signature or obtaining the attestation of the cage supervisor as to the identity of the patron. Both are not required. If a Counter Check is going to be requested at the cage without a signature, a supervisor shall sign off on the request, which is similar to the identity verification requirements in subsection (b)(1) for Counter Checks issued at a gaming table.
Proposed subsection (d) required a slot supervisor's involvement in the issuance of Counter Checks at a slot machine. Mohegan and Parx requested that a slot attendant be allowed to handle Counter Checks issued on the gaming floor. The Board agrees that a slot supervisor is not necessary and that slot attendants, who currently pay jackpots from their impress funds while on the gaming floor, can handle the gaming vouchers or cash issued in exchange for Counter Checks.
Meadows requested to add alternative accounts from which patrons may redeem Counter Checks in §§ 609a.15(b)(1) and 609a.16(a)(1). The Board agrees and added language in §§ 609a.15(b)(2) and 609a.16(a)(2) allowing for the use of alternative accounts provided that the account complies with § 609a.3(c)(4).
In subsection (d), the Board requires that if a patron is going to redeem a Counter Check that the most recently dated Counter Check be paid off first. Meadows requested that the Board adopt the first in-first out approach so that the oldest Counter Check is redeemed first. IRRC inquired why the Board requires that the newest marker be paid first instead of the oldest.
The Board believes that this is a patron protection issue. Requiring the newest Counter Check to be paid off first is a method to ensure that patrons don't continue to take out new Counter Checks, for greater and greater amounts, to pay off the oldest existing Counter Checks which are about to be deposited. The Board is therefore not inclined to adopt the first in-first out method for the redemption of Counter Checks.
Proposed § 609a.16 addressed the requirements for the substitution of Counter Checks for personal checks but did not allow for the consolidation of multiple Counter Checks into one Counter Check. Meadows stated that they needed the ability to consolidate the total amount of credit issued in one gaming day to count toward the time limitation as to when Counter Checks are required to be deposited. IRRC recommended that the Board consider amending the regulation to address Meadows' concerns.
The Board agrees but has not limited the consolidation of Counter Checks to only those Counter Checks issued on the same gaming day. In accordance with subsections (f)—(h), operators may now consolidate Counter Checks issued over multiple days provided that the consolidated check is dated with the same date as the oldest Counter Check being consolidated. This should provide operators with additional flexibility to consolidate Counter Checks such as those issued over the course of a patron's 3-day stay for instance. Additionally, the aggregated total of the Counter Checks may be used to determine the deposit date of the replacement Counter Check, in accordance with § 609a.17(a).
Chapter 611a
In § 611a.2(b), addressing the minimum number of hours of training to deal a different game type, Parx stated that the number of hours required for dealers who have already been trained is too high since dealers are already trained in operational basics such as use of gaming chips, and the like. Parx requested that the number of hours be lowered.
The Board agrees that the number of hours of training on a different game type for a dealer that has already been trained could be reduced. The Board added a chart in subsection (b)(1) addressing the minimum number of hours required for a dealer who has already been trained to deal a different game type. For example, if a dealer has already been trained on a card game, the dealer would have to complete an additional 140 hours of training to deal a dice or tile game (Craps or Pai Gow).
IRRC also inquired whether the training that is required under § 611a.3 was included in the minimum proficiency training required under § 611a.2.
The training required under § 611a.3 is not included in the training required under § 611a.2. Dealers who are trained outside the licensed facility by a dealer training school may still need to complete the training required under § 611a.3 because that training (procedures for opening and closing tables, acceptance of tips and gratuities and shift changes) is relevant to operating the table games in conformity with the certificate holder's approved internal controls which are specific to each facility.
Additional Revisions
Chapter 601a
In § 601a.1, several definitions of terms were moved from other table game chapters and added to this section since these terms are used throughout Subpart K.
In § 601a.2, the name of the form used to submit Rules Submissions electronically has been changed and the Board's web site address has been updated.
In § 601a.3, the entities that may file a request to offer a new game were amended so that not only certificate holders but also table game device manufacturers and gaming related gaming service providers could file a request to offer a new game or feature of an existing game with the Executive Director. When table games were implemented, requests were limited to only certificate holders to ensure that the Board prioritized its resources and focused on drafting regulations for only those games, features and side wagers that operators intended to use.
Although table game device manufacturers and gaming related gaming service providers may now request to offer new games and features for use by certificate holders, the manufacturer or gaming related gaming service provider shall submit in its request the name of the certificate holder that is interested in offering the new table game or feature. This requirement will ensure that priority for analysis and approval is given to those games and features that a certificate holder is currently interested in offering.
Section 601a.6(e) has been added specifying that payout odds printed on a layout or posted on a sign have to be stated through the use of the word ''to'' not ''for'' unless otherwise specified in an approved paytable. A patron shall have his original winning wager returned if the paytable lists wagers with a ''to'' while an original winning wager will be collected if the paytable lists wagers with a ''for.'' This language was included in several of the chapters on table games but is applicable to all table games and was therefore moved into this chapter.
In § 601a.8, the Bureau of Casino Compliance, instead of the Bureau of Gaming Operations, may now approve alternative locations, in accordance with § 601a.10, for the complete sets of rules that each certificate holder is required to maintain.
Chapter 609a
Section 609a.3(c)(3) was amended by deleting references to casino credit. Subsection (c)(2) addresses casino credit while subsection (c)(3) addresses consumer credit. Also in subsection (c)(3), a credit clerk may use an alternative source to verify a patron's consumer credit if the alternative source has current information on a patron's consumer credit. The Board added that the alternative source could be used if the alternative source has made the required contact with a consumer credit bureau within the last 3 months.
In § 609a.5(b), the Board amended the requirement that each certificate holder request written documentation of derogatory information pertaining to its patrons from a casino credit bureau. The regulation now requires that operators document derogatory information that was reported by the casino credit bureau. Language in subsection (e) was deleted since this language is in § 609a.3. The deleted language was therefore replaced with a cross reference to § 609a.3(c)(1)—(4).
Language in § 609a.6(a)(2)—(4) was deleted and replaced with a cross reference to § 609a.3(c)(1)—(5).
Section 609a.7(4), addressing the documentation required in a credit file, was added since a certificate holder may now allow patrons to consolidate Counter Checks into one replacement Counter Check. The remaining sections were then renumbered.
Section 609a.12(f) was amended to require operators to make available to patrons the written materials explaining voluntary credit suspension.
In § 609a.13, the preparation of Counter Checks was amended from the table games department to the finance department. Counter checks issued to slot patrons are prepared in the cage by cage cashiers and the finance/accounting department is responsible for cage functions.
Section 609a.15 was amended for clarity. In subsection (b), the check authentication and warranty provisions were deleted and replaced with the more concise requirement that a personal check used to redeem a Counter Check must either be drawn on the bank in the patron's credit file or on another account that has been verified. The same amendment was made in § 609a.16(a).
In § 609a.17, a credit supervisor or above has to approve the extensions of time to deposit Counter Checks. Altering the terms of the extension of credit is a function of the credit department and is not a function that a cage cashier should be performing.
Chapter 611a
Section 611a.2(c) was added to allow a gaming school or the certificate holder to offer training over an alternative duration of time. This should allow certificate holders and dealer schools some additional flexibility in the how they want to establish their training programs.
Additionally, the submission process in § 611a.4 has been included in new subsection (b). This is the same submission and approval process used by certificate holders for table game staffing plans, schematics of gaming guides, table layouts, signage and equipment, which is found in § 601a.10.
Affected Parties
Slot machine licensees that have elected to become certificate holders, gaming schools that are independent of the slot machine licensee as well as gaming related gaming service providers and table game device manufacturers will be required to comply with these requirements.
The Board has experienced increased regulatory demands resulting from the implementation of table games including the review of Rules Submissions, gaming guides, floor plan changes, internal controls on credit and gaming school curriculum.
Fiscal Impact
Commonwealth. The Board will have to review each certificate holder's table games Rules Submissions, gaming guides, internal controls on credit and gaming school curriculum. These reviews will be conducted by existing Bureau of Gaming Operations staff, so the Board does not project that it will incur significant cost increases as a result of this final-form rulemaking.
Political subdivisions. This final-form rulemaking will not have fiscal impact on political subdivisions of this Commonwealth. Host municipalities and counties will benefit from the local share funding mandated by Act 1.
Private sector. Regarding Chapter 601a, certificate holders will experience minor costs associated with the signage requirements for gaming tables and the production costs associated with the gaming guides. However, the Board does not expect these costs to be significant.
Regarding Chapter 609a, certificate holders that elect to offer credit to patrons will have to develop procedures governing the credit application process and procedures for administering credit and the use of Counter Checks. These procedures will be part of the certificate holder's internal controls which shall be submitted to the Bureau of Gaming Operations for subsequent approval. Because credit must be interest free, the certificate holder will absorb costs regarding the issuance of credit.
Regarding Chapter 611a, this final-form rulemaking will result in additional costs for slot machine licensees that elect to become certificate holders. More specifically, certificate holders that elect to train its dealers in-house are required to hire trainers and purchase training equipment. While these costs are significant, they would vary from facility to facility and will be offset by the revenues generated from the table games.
General public. This proposed rulemaking will not have fiscal impact on the general public.
Paperwork Requirements
This final-form rulemaking will require certificate holders to do the following: post signs at gaming tables; have complete sets of rules for the games they offer available for public inspection; produce a gaming guide summarizing the rules of play; and file Rules Submissions for each table game they elect to offer. The Rules Submissions are standardized checklists for each game, relatively simple to fill out and available on the Board's web site.
With regard to table game taxes, this final-form rulemaking and Act 1 require certificate holders to submit supporting documentation on forms prescribed by the Department with their weekly remittance of the tax on table game revenue.
Regarding Chapter 609a, certificate holders that elect to offer credit will be required to submit the paperwork necessary to update their internal controls. This chapter will also require certificate holders to properly account for Counter Checks and maintain supporting documentation on credit transactions.
With respect to Chapter 611a on table game training, a certificate holder that conducts in-house training shall submit its curriculum to the Board for approval.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 22, 2011, the Board submitted a copy of the proposed rulemaking, published at 41 Pa.B. 1769, and a copy of the Regulatory Analysis Form to IRRC and to the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on January 11, 2012, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 12, 2012, and approved the final-form rulemaking.
Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II.
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The regulations of the Board, 58 Pa. Code, are amended by deleting §§ 521.1, 521.2, 521.4—521.10, 526.1—526.13, 526.13a, 526.14—526.17 and 527.1—527.5 and by adding §§ 601a.1—601a.10, 609a.1—609a.18 and 611a.1—611a.5 to read as set forth in Annex A.
(Editor's Note: Sections 521.3 and 521.11 are being deleted in the final-form rulemaking published at 42 Pa.B. 2585 (May 12, 2012).)
(Editor's Note: Section 601a.10 was not included in the proposed rulemaking published at 41 Pa.B. 1769.)
(b) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
WILLIAM H. RYAN, Jr.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 626 (January 28, 2012).)
Fiscal Note: Fiscal Note 125-142 remains valid for the final adoption of the subject regulations.
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